What Are the Legal Consequences of Failing to Pay Child Support?

Some General but Important Facts About Child Support in California.

It’s unfortunate, but although child support is commonly legally mandated by the court in most divorces, not all ex-spouses abide by this duty willingly. If your ex-spouse does not pay court-ordered child support, it can have a significant impact on you (as the receiving spouse) and, more importantly, on the well-being of your child.

However, if the judge decides that the failure to pay was willful, your spouse could be held in contempt of court under the California Code of Civil Procedure. California penalties for contempt can be harsh and include fines, community service, or even jail time for up to 12 months, among others.

If your ex-partner has missed child support payments, you must understand your options to enforce these payments; therefore, a skilled child support lawyer’s experienced, professional, and passionate advice is essential.

First, your lawyer will explain that these court orders are not optional; they are legally binding. If your ex-spouse refuses to pay their child support, it can be both frustrating and financially burdensome for you and your child, but you have legal options that can be enforced with the help of your lawyer and the California court.

What Are Some of the First Steps I Should Take If My Child Support Isn’t Paid?

First, you should know that if your ex-partner fails to pay child support or falls behind, the legal consequences can be swift, significant, and life-altering. California state laws empower the child

support agencies (and the courts) with broad authority to collect unpaid support and harshly penalize those who fail to meet these serious obligations.

That said, let’s say your ex-spouse has missed a payment for the first time. It could simply be an oversight. At this stage, it may be best to reach out and remind them about the missed payment.

However, suppose you attempt this route, and your ex-spouse cannot be contacted or located, or is just refusing to pay their court-mandated child support. In that case, it’s time to contact your experienced and knowledgeable child support lawyer and take the appropriate legal steps.

To begin this enforcement process, the first step is to contact the local child support agency. This can be done by you or, better yet, your lawyer. These local agencies have resources and tools to enforce child support orders, such as income withholding, property liens, etc.

If that doesn’t solve the problem, it may be time to file a motion for contempt. Your passionate child support lawyer will file a motion for contempt with the court that issued the child support order. This formal motion alerts the court to your ex-partner’s noncompliance and will almost always result in legal consequences for your ex-spouse.

What Can Happen If I File Civil and Criminal Contempt Proceedings?

If you’re a spouse who must file contempt to collect child support, or you’re a parent who’s been filed against, be aware that nonpayment of child support can be a harsh and dire charge with possibly life-changing penalties.

For example, let’s say you’re a parent who willfully refuses to pay child support despite being able to do so. In this type of case, the court has the power to initiate contempt proceedings, which can carry both civil and criminal consequences.

If you file a civil contempt charge, the offending parent may have to face;

• High fines.
• Be sentenced to community service.
• Or jail time for up to 5 days per violation.

Civil contempt is commonly used to coerce compliance with the court-mandated child support court order. So, the parents typically can “purge” contempt by paying some or all of the child support in arrears.

However, in more serious cases, if you file criminal contempt and the nonpayment has gone on for a long time, your ex-partner parent may face criminal charges for willful failure to pay child support. This is a severe charge, and you should note that it can be prosecuted under state or even federal law if the parent crosses state lines to avoid payment.

Potential penalties for criminal contempt can include:

• A misdemeanor or a felony conviction will stay on their record.
• More severe jail or prison time.
• Probation for months or years.
• Having a permanent criminal record will negatively impact their future lives.

It should be noted that criminal prosecution is commonly a last resort. Still, it is used and becomes more likely when a parent ignores multiple court orders or attempts to evade enforcement efforts. If you wish to file a contempt charge or have been filed against, then the skilled and immediate help of a qualified and passionate child support lawyer is mandatory.

What Are A Few of the More Common Ways of Legally Enforcing Child Support Payments in California?

As stated, California takes the matter of child support very seriously and, therefore, provides various tools for enforcing court child support orders.

Just a few of the more common ways to enforce these orders include:

• Withholding income – The court can have the court-ordered child support automatically deducted directly from the noncustodial parent’s wages or additional income sources. Employers must legally comply with income withholding orders.
• Suspension of your ex-partner’s driver’s license – If the noncustodial parent’s license is suspended due to prolonged nonpayment, the court can order it reinstated; this makes it significantly more challenging for them to continue their daily activities.
• Levies placed on their bank account – The court can order the freezing and seizing of funds from the non-paying parent’s bank accounts.
• The placing of property liens – If unpaid child support must be obtained, the court can place liens on the other parent’s property. These liens must be paid off before they can sell or transfer any of the assets.
• Earning withholding orders – This formal court order will withhold earnings, empowering the government to intercept federal and state tax refunds or any other payments your ex-partner may attempt to receive.

I Am Not Receiving My Court-Ordered Child Support; How Should I Proceed?

First, always remember that failing to pay child support in California has severe legal and financial consequences that can affect every aspect of your life, including your finances, job, reputation, and freedom. So, acting as soon as possible is critical if you’re not receiving or are behind on payments.

Circumstances change, and there are proper and legal ways to resolve these issues without resorting to legal steps that can have dire consequences, such as modifying your original child support order.

But if you’re owed and not receiving support, multiple enforcement tools are available to help you collect what is legally yours.

The experienced and empathetic child support lawyers at Hepner & Pagan, LLP, specialize in helping custodial and noncustodial parents navigate California’s complex child support issues.

Whether you need help enforcing an order or modifying one, they have the resources, knowledge, and passion to guide you every step of the way.

Call them today at (408) 688-9153 and schedule a consultation on your unique circumstances. They will tirelessly strive to provide you with the legal options you need to successfully navigate these complex child support issues with the professional clarity and confidence you deserve.